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H H S Department of Health and Human Services
U.S. Department of Health and Human Services
Health Resources and Services Administration

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Filing Deadlines

The general filing deadlines are:

  • For an injury, your claim must be filed within 3 years after the first symptom of the vaccine injury.
  • For a death, your claim must be filed within 2 years of the death and 4 years after the start of first symptom of the vaccine-related injury from which the death occurred.

When a new vaccine is covered by the VICP or when a new injury/condition is added to the Vaccine Injury Table (Table), claims that do not meet the general filing deadlines must be filed within 2 years from the date the vaccine or injury/condition is added to the Table for injuries or deaths that occurred up to 8 years before the Table change. The Table lists and explains injuries that are presumed to be caused by vaccines.
View the Vaccine Injury Table.

For example, the hepatitis A vaccine was covered by the VICP as of December 1, 2004. Under the general filing deadline for an injury, the claim must be filed within 3 years after the first symptom of the vaccine injury. However, claims that do not meet the general filing deadlines must be file by December 1, 2006 for injuries or deaths that occurred on or after December 1, 1996.

As a general filing rule, for individuals who are filing a claim, the appropriate filing deadline is the one above that provides the most time to file an injury or a death claim.

 

 

This information reflects the current thinking of the United States Department of Health and Human Services on the topics addressed. This information is not legal advice and does not create or confer any rights for or on any person and does not operate to bind the Department or the public. The ultimate decision about the scope of the statutes authorizing the VICP is within the authority of the United States Court of Federal Claims, which is responsible for resolving claims for compensation under the VICP.